Consumer Finance Monitor

Today's podcast features the first part of a recent webinar produced on September 24, 2025, titled: "A New Era for Banking: What President Trump's Debanking Executive Order and Related State Laws Mean for Financial Institutions, Government, and Banking Customers." In Part 1, we discuss the following topics: 1.     History of Debanking, including: o   Operation Chokepoint: An initiative by federal prudential banking regulators during the Obama administration aimed at discouraging banks supervised by them from providing services to companies engaged in payday lending. o   OCC Final Regulation on Debanking: Issued by Acting Comptroller Brian Brooks toward the end of President Trump's first term, this regulation applied only to the largest banks in the country. It was sent to the Federal Register but never published and, therefore, never became effective. 2.     Elements and Scope of the Debanking Executive Order 3.     Statutory Authority (or Lack Thereof) of the Executive Order, which was largely based on the unfairness prongs of UDAAP and UDAP, even though a federal district court in Alabama held a few years ago that such unfairness prongs do not cover discrimination. Our presenters, who hold diverse views on the wisdom of the Executive Order, are: ·        Jason Mikula Founder and Publisher, Fintech Business Weekly Jason Mikula is an independent fintech and banking advisor, consultant, and investor. He also publishes Fintech Business Weekly, a newsletter analyzing trends in banking and fintech. He opposes the Executive Order. ·        Brian Knight Senior Counsel, Corporate Engagement, Alliance Defending Freedom Brian Knight serves as Senior Counsel on the Corporate Engagement Team at Alliance Defending Freedom. His work focuses on issues of financial access, debanking, and preventing the politicization of financial services. He opposes the Executive Order. ·        Todd Phillips Assistant Professor of Law, J. Mack Robinson College of Business, Georgia State University Todd Phillips is an assistant professor of law at Georgia State University. His areas of expertise include bank capital and prudential regulation, deposit insurance, and the laws governing federal regulators. He opposes the Executive Order. ·        Will Hild Executive Director, Consumers' Research Will Hild is the Executive Director of Consumers' Research, the nation's oldest consumer protection organization. He has led efforts to combat ESG and what he considers "woke capitalism," including launching the Consumers First campaign. He supports the Executive Order. ·        Graham Steele Assistant Secretary for Financial Institutions, U.S. Department of the Treasury Graham Steele serves as the Assistant Secretary for Financial Institutions at the U.S. Department of the Treasury. He is an expert on financial regulation and financial institutions, with over a decade of experience working at the highest levels of law and policy in Washington, D.C. He opposes the Executive Order. Alan Kaplinsky, the founder and first practice group leader and now Senior Counsel of the Consumer Financial Services Group at our firm, moderated the webinar. We will be releasing Part 2 of this webinar on November 6, 2025.

Today's podcast features the second part of a repurposed webinar produced on September 3, 2025, which dives into the legal risks, compliance challenges, and emerging constitutional questions stemming from the GENIUS Act. The conversation examines the strict prohibition of deceptive claims regarding federal backing or insurance for stablecoins, highlighting the significant civil liabilities and penalty provisions attached to violations. Art Wilmarth delves deeply into areas such as federal preemption of state laws, consumer protections, and the power dynamics introduced by big tech and non-bank entities in the stablecoin market. Richard Rosenthal outlines the importance of building cross-functional teams, updating risk taxonomies, and adapting existing safety and soundness frameworks to the new environment presented by stablecoins. Peter Jaslow highlights legal risks for stablecoin issuers, such as the lack of explicit federal insurance, the reliance on monthly attestations of reserves, complex issues surrounding redemption policies, and significant civil and criminal penalties for non-compliance. The speakers articulate the importance of rigorous compliance frameworks and the critical role finance teams will play in adapting to the new regulatory demands. Additionally, there is emphasis on the GENIUS Act's consumer protection priorities and its alignment with administration policy objectives. This episode also explores the business model impact of the GENIUS Act, discussing the growing demand for stablecoin and tokenized deposit solutions, and how institutions might leverage these technologies for treasury management and cross-border payments. Panelists provide perspectives on how innovation is being fostered, the implications for privately-held stablecoins, and the ways the GENIUS Act reflects the desires of the crypto industry. This session offers a holistic look at both the challenges and opportunities that financial institutions must consider as regulatory and market landscapes evolve. Consumer Finance Monitor is hosted by Alan Kaplinsky, Senior Counsel at Ballard Spahr, and the founder and former chair of the firm's Consumer Financial Services Group. We encourage listeners to subscribe to the podcast on their preferred platform for weekly insights into developments in the consumer finance industry.

Today's podcast features the first part of a recent webinar produced on September 3, 2025, which examined the key provisions of the GENIUS Act ("The Guiding and Establishing National Innovation for U.S. Stablecoins Act") and its regulatory impact on banks, fintechs and the future of stablecoins. The discussion covers critical definitions, licensing, oversight and enforcement requirements, the relationship to state stablecoin laws. Panelists offer insights into the role of federal banking regulators such as the Comptroller of the Currency, the Federal Reserve, and the Financial Stability Oversight Council ("FSOC"), highlighting the Act's efforts to establish a uniform regulatory framework and how financial institutions are responding to the new rules. The webinar features three expert speakers: Art Wilmarth, Professor Emeritus at George Washington University Law School, Richard Rosenthal, Principal in Deloitte's Risk and Financial Advisory practice and Peter Jaslow, Practice Co-Leader of Ballard Spahr's Blockchain Technology and Cryptocurrency group Listeners will gain an understanding of how the GENIUS Act may reshape business stablecoin models.  The episode touches on compliance timelines, emphasizing the rapid pace of regulation, and previews issues of consumer protection and its ban on making interest payments. This dialogue sets the foundation for deeper analysis of legal risks and constitutional challenges, which will be explored in the upcoming second part of the series. Consumer Finance Monitor is hosted by Alan Kaplinsky, Senior Counsel at Ballard Spahr, and the founder and former chair of the firm's Consumer Financial Services Group. We encourage listeners to subscribe to the podcast on their preferred platform for weekly insights into developments in the consumer finance industry.

We are pleased to share a new podcast episode, which was taken from our September 9, 2025, webinar featuring Malini Mithal, Associate Director of the Federal Trade Commission's Division of Financial Practices. Malini has been a valued guest on our podcast in past years, and this session provided another timely and insightful discussion. In today's episode she gives her thoughts on the FTC's recent non-antitrust consumer protection initiatives. Major Key Topics Discussed 1.     Fintech oversight – Malini began with FTC activity involving fintechs, particularly companies promoting faster access to cash, and addressed related lending and payments cases. 2.     Subscription practices under ROSCA – She highlighted the FTC's enforcement of the Restore Online Confidence Shoppers Act, including lawsuits against Uber and LA Fitness and a settlement with Match. 3.     Unfair and Deceptive Fees Rule – Effective May 12, 2025, this rule bans bait-and-switch pricing and hidden fees in industries such as live-event ticketing and short-term lodging. Malini explained how these practices harm consumers and distort competition. 4.     Auto finance transparency – Another area of focus for the FTC, reflecting the agency's broader emphasis on price transparency. 5.     Debt collection, debt relief, and credit repair – Malini reviewed recent FTC enforcement activity in these high-risk sectors. 6.     Crypto platforms – She concluded with a discussion of the FTC's work addressing crypto platforms that market banking-like services to consumers. After Malini left the webinar, John Culhane, a partner in our Consumer Financial Services Group, provided an update on developments at the FTC in terms of budget and staffing and the ongoing litigation challenging the Trump Administration's removal of two Democratic FTC Commissioners without cause and then discussed areas where we expect to see more FTC "regulation by enforcement" activity. Consumer Finance Monitor is hosted by Alan Kaplinsky, Senior Counsel at Ballard Spahr, and the founder and former chair of the firm's Consumer Financial Services Group. We encourage listeners to subscribe to the podcast on their preferred platform for weekly insights into developments in the consumer finance industry.

The podcast show we are releasing today is a repurposing of part 2 of a webinar we produced on August 13, 2025, which explored the U.S. Supreme Court's pivotal 6-3 decision in Trump v. CASA, Inc., a ruling that significantly curtails the use of nationwide or "universal" injunctions. A universal injunction is one which confers benefits on non-parties to the lawsuit. This case marks a turning point in federal court jurisprudence, with profound implications for equitable relief, national policy, and governance. Our distinguished panel of legal scholars, Suzette Malveaux (Roger D. Groot Professor of Law, Washington and Lee University School of Law), Portia Pedro (Associate Professor of Law, Boston University School of Law), and Alan Trammell (Professor of Law, Washington and Lee University School of Law) are joined by experienced litigators Alan Kaplinsky, Carter G. Phillips (Former Assistant to the Solicitor General of the United States & Partner, Sidley Austin LLP), and Burt M. Rublin (Senior Counsel and Appellate Group Practice Leader, Ballard Spahr LLP). These panelists dive deep into the Court's decision, unpacking its historical foundation, analyzing the majority, concurring, and dissenting opinions, and evaluating its far-reaching effects on all stakeholders, including industry groups, trade associations, federal agencies, the judiciary, the executive branch, and everyday citizens. This podcast show and the one we released last Thursday, September 25, cover these critical topics: ·        The originalist and historical reasoning behind the Court's rejection of universal injunctions ·        A detailed analysis of the majority, concurring, and dissenting opinions ·        The ruling's impact on legal challenges to federal statutes, regulations, and executive orders ·        The potential role of Federal Rule of Civil Procedure 23(a) and 23(b)(2) class actions as alternatives to universal injunctions, including the status of the CASA case and other cases where plaintiffs have pursued class actions ·        The use of Section 706 of the Administrative Procedure Act (the "APA") to "set aside" or "vacate" unlawful regulations and Section 705 of the APA to seek stays of regulation effective dates ·        The viability of associational standing for trade groups challenging regulations on behalf of their members ·        The ruling's influence on forum selection and judicial assignment strategies, including "judge-shopping" ·        The Supreme Court's increasing use of its emergency or "shadow" docket, rather than its conventional certiorari docket, to render extraordinarily important opinions  This is a unique opportunity to hear from leading experts as they break down one of the most consequential and controversial Supreme Court decisions of this Supreme Court Term. These podcast shows will provide you with valuable insights into how this ruling reshapes the legal landscape. Consumer Finance Monitor is hosted by Alan Kaplinsky, Senior Counsel at Ballard Spahr, and the founder and former chair of the firm's Consumer Financial Services Group. We encourage listeners to subscribe to the podcast on their preferred platform for weekly insights into developments in the consumer finance industry.

As our regular podcast listeners know, we ordinarily release a new regular podcast show once each week on Thursday. On a very few occasions, we have released a special extra podcast show during the same week. We have only done that when a development occurs which we feel is of extraordinary importance and time sensitive. On September 22, the United States Court of Appeals for the First Circuit issued its unanimous opinion in Conti v. Citizens Bank, N.A. in which it held, in the context of a motion to dismiss a putative class action alleging that the Bank failed to pay interest on mortgage escrow accounts in violation of a Rhode Island statute which requires the payment of interest on mortgage escrow accounts, that the National Bank Act does not preempt the Rhode Island statute. The Bank had argued that the National Bank Act preempts the Rhode Island statute and that, as such, it was not required to pay any interest on mortgage escrow accounts. The District Court had also held that such Rhode Island statute was preempted. See our recently published blog about The First Circuit Opinion in Conti.  While the Conti case involves the narrow question described above, the implications of the opinion are sweeping in nature and will require national banks to comply with a vast litany of state consumer protection laws throughout the country which may no longer be preempted by the National Bank Act. Since 2004, the OCC has had a regulation which expressly purports to preempt state statutes, like the Rhode Island statute, which requires the payment of interest on mortgage escrow accounts That same regulation purports to preempt most categories of other state consumer protection laws. Most national banks have been reasonably relying on the OCC preemption regulations and have not complied with most state consumer protection laws. The Conti opinion implicitly concludes that the OCC preemption regulations are invalid.   During our podcast show, we explain the history of the Conti case and the holding and reasoning of the First Circuit. We also discuss the Cantero opinion in the Supreme Court which led to the First Circuit opinion and similar cases in the Second and Ninth Circuits dealing with the same preemption issues. Most importantly, we will explain how we are helping national banks comply with state laws that are probably not preempted by the National Bank Act. Alan Kaplinsky, the founder and practice leader of the Consumer Financial Services Group, hosted the webinar. He was joined by Joseph Schuster and Ron Vaske, partners in the Group who focus their practices in part on National Bank Act Preemption.

The podcast show we are releasing today is a repurposing of part 1 of a webinar we produced on August 13, 2025, which explored the U.S. Supreme Court's pivotal 6-3 decision in Trump v. CASA, Inc., a ruling that significantly curtails the use of nationwide or "universal" injunctions. A universal injunction is one which confers benefits on non-parties to the lawsuit. This case marks a turning point in federal court jurisprudence, with profound implications for equitable relief, national policy, and governance. Our distinguished panel of legal scholars, Suzette Malveaux (Roger D. Groot Professor of Law, Washington and Lee University School of Law), Portia Pedro (Associate Professor of Law, Boston University School of Law), and Alan Trammell (Professor of Law, Washington and Lee University School of Law) are joined by experienced litigators Alan Kaplinsky, Carter G. Phillips (Former Assistant to the Solicitor General of the United States & Partner, Sidley Austin LLP), and Burt M. Rublin (Senior Counsel and Appellate Group Practice Leader, Ballard Spahr LLP). These panelists dive deep into the Court's decision, unpacking its historical foundation, analyzing the majority, concurring, and dissenting opinions, and evaluating its far-reaching effects on all stakeholders, including industry groups, trade associations, federal agencies, the judiciary, the executive branch, and everyday citizens. This podcast show and the one we release one week from today cover these critical topics: ·         The originalist and historical reasoning behind the Court's rejection of universal injunctions ·         A detailed analysis of the majority, concurring, and dissenting opinions ·         The ruling's impact on legal challenges to federal statutes, regulations, and executive orders ·         The potential role of Federal Rule of Civil Procedure 23(a) and 23(b)(2) class actions as alternatives to universal injunctions, including the status of the CASA case and other cases where plaintiffs have pursued class actions ·         The use of Section 706 of the Administrative Procedure Act (the "APA") to "set aside" or "vacate" unlawful regulations and Section 705 of the APA to seek stays of regulation effective dates ·         The viability of associational standing for trade groups challenging regulations on behalf of their members ·         The ruling's influence on forum selection and judicial assignment strategies, including "judge-shopping" ·         The Supreme Court's increasing use of its emergency or "shadow" docket, rather than its conventional certiorari docket, to render extraordinarily important opinions  This is a unique opportunity to hear from leading experts as they break down one of the most consequential and controversial Supreme Court decisions of this Supreme Court Term. These podcast shows will provide you with valuable insights into how this ruling reshapes the legal landscape. Consumer Finance Monitor is hosted by Alan Kaplinsky, Senior Counsel at Ballard Spahr, and the founder and former chair of the firm's Consumer Financial Services Group. We encourage listeners to subscribe to the podcast on their preferred platform for weekly insights into developments in the consumer finance industry.

In this episode of the Consumer Finance Monitor podcast, host Alan Kaplinsky welcomes Pat Utz, CEO and co-founder of Abstract, a venture capital-backed AI company headquartered in New York. Pat brings extensive expertise on artificial intelligence. The podcast focuses on current developments in AI regulation and implementation, first covering President Trump's recent "Winning the Race: America's AI Action Plan" and its potential impact on federal policy. Alan and Pat discuss the evolving landscape of AI statutes, and developments at the state-level in places like Utah and Colorado. Pat and Alan Kaplinsky provide insights into bipartisan efforts at both state and federal levels to address issues ranging from consumer safety to business innovation. They highlight the practical challenges and opportunities for businesses leveraging AI, such as the need for transparency when AI is used in customer interactions and compliance with state-level enforcement. Pat explains how open-source models are increasingly being promoted, pointing to Trump's executive order and shifts in the industry. He also underscores the importance for businesses to track where data is processed—whether with major vendors or proprietary systems—and adapt to varying regulatory frameworks, notably those set by states like California that tend to influence national practice. The episode concludes by focusing on the wide array of AI usage in financial services, specifically credit scoring and underwriting; lending; and fraud detection. Pat provides key lessons institutions should be mindful of as AI adoption continues to grow in the industry Consumer Finance Monitor is hosted by Alan Kaplinsky, Senior Counsel at Ballard Spahr, and the founder and former chair of the firm's Consumer Financial Services Group. We encourage listeners to subscribe to the podcast on their preferred platform for weekly insights into developments in the consumer finance industry.

Today's podcast episode is a continuation of a previous repurposed webinar held on August 12th, focusing on emerging opportunities in the consumer financial services sector under the Trump administration. The session aims to provide insights into the evolving regulatory landscape and its implications for businesses and consumers. The first part of the webinar, released last Thursday, September 4, covered  the recently-passed GENIUS Act (which creates a federal infrastructure for Stablecoin); developments in crypto-backed lending and credit builder loans; the mortgage industry; developments in earned wage access and rent-to-own and lease-to-own financing products; and insights on income share agreements. Joining the podcast today are the following members of Ballard Spahr's Consumer Financial Services Group: Kristen Larson, of counsel, provides insights into the open banking rule; John Socknat, co-leader of the Group, speaks on home equity investment products; John Culhane, a partner in the group, relays insights on large installment loans at point of sale; and Dan Wilkinson, an associate, provides an overview of digital wallets. Consumer Finance Monitor is hosted by Alan Kaplinsky, Senior Counsel at Ballard Spahr, and the founder and former chair of the firm's Consumer Financial Services Group for 25 years.  We encourage listeners to subscribe to the podcast on their preferred platform for weekly insights into developments in the consumer finance industry.

In the latest episode of our podcast, we explore the significant shifts in the regulatory landscape under the second Trump administration and how these recent deregulatory actions have opened new pathways for banks and FinTech companies by reducing barriers to entry and compliance costs. This evolving environment presents opportunities for innovation and market expansion, although state law oversight, including licensing and regulatory requirements. Today's episode is part one of a two-part series. Joining the podcast today are the following members of Ballard Spahr's Consumer Financial Services Group: Kristen Larson, of counsel, provides insights into the recently-passed GENIUS Act (which creates a federal infrastructure for Stablecoin); Ron Vaske, a partner, covers developments in crypto-backed lending and credit builder loans; John Socknat, co-leader of the Group, speaks on crypto and the mortgage industry; Dan Wilkinson, an associate, provides an overview of developments in earned wage access and rent-to-own and lease-to-own financing products; and John Culhane, a partner in the group, relays insights on income share agreements. Part two of this webinar will be released next Thursday, September 11.  In that episode, Kristen Larson, John Socknat, John Culhane, and Dan Wilkinson, return to continue the conversation, discussing open banking; home equity investment products; home equity loans; buy now, pay later; large installment loans at point of sale; payday loans; and digital wallets to access credit-like features. Consumer Finance Monitor is hosted by Alan Kaplinsky, Senior Counsel at Ballard Spahr, and the founder and former chair of the firm's Consumer Financial Services Group for 25 years.  We encourage listeners to subscribe to the podcast on their preferred platform for weekly insights into developments in the consumer finance industry.